Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 72005 (KAR)

FAZIR ALI v. UNITED INDIA INSURANCE CO LTD

MFA/2107/2022 · 2025-07-12

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE C M POONACHA & SRI. SUBRAHMANYA. P D, MEMBER M.F.A.No. 2107/2022 (MV) (Lok Adalat No.3826/2024) BETWEEN: 1. FAZIR ALI S/O BABU MIA, NOW AGED ABOUT 63 YEARS 2. THAMBAL BIBI, W/O FAZIR ALI, NOW AGED ABOUT 56 YEARS 3. KADAR KHAN, S/O FAZIR ALI, NOW AGED ABOUT 28 YEARS 4. SAIBUL ISLAM S/O FAZIR ALI, NOW AGED ABOUT 22 YEARS ALL ARE RESIDING AT LALONG PART-1, P.S. LAKHIPUR SUB-DIVN, LAKHIPUR DISTRICT, 2 CHCHAR (ASSAM) -788098 ...APPELLANTS (By Sri.RANGEGOWDA N R, Advocate) AND: 1 . UNITED INDIA INSURANCE CO, LTD., REGIONAL OFFICE, MOTOR THIRD PARTY CLAIMS HUB, 5TH AND 6TH FLOOR, KRUSHI BHAVAN, HUDSON CIRCLE, BANGALORE 560001 2. K.R. RAMESH AGED MAJOR, LAVAKUSHA NAGAR, KONNAPANA AGRAHARA, ELECTRONIC CITY, BANGALORE - 560068 …RESPONDENTS (By SRI.KRISHNA B S, Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.10.2021 PASSED IN MVC NO.4445/2019 ON THE FILE OF THE XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-14), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present through video conferencing/physical hearing. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.3,75,000/- (Rupees Three Lakh Seventy Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The Respondent - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit. 4 4. The entire enhanced compensation amount shall be released in favour of the appellants / claimants, on proper identification. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER GSR